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(영문) 대전지방법원 2020.09.23 2019가단137126

건물인도

Text

The defendant shall draw up the attached Form to the plaintiff, Seo-gu, Daejeon, the 199m2 and the wooden roof of the steel structure above ground, which is a single-story building.

Reasons

Facts of recognition

A. On July 20, 2007, Daejeon Metropolitan City Mayor designated and publicly announced the area of 102,200.8 square meters in Seo-gu, Daejeon as E-Housing Reconstruction Improvement Project.

B. The Plaintiff is a partnership project partnership which completed establishment registration on October 18, 2007, with the approval of establishment from the head of Seo-gu Daejeon Metropolitan City on September 20, 2007 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of the said housing reconstruction improvement project (hereinafter “instant project”).

C. On June 4, 2008, the head of Seo-gu Daejeon Metropolitan City ordered the Plaintiff to approve the project implementation plan for the project of this case on June 4, 2008, and publicly notified the authorization of the project implementation on June 9, 2008.

The plaintiff, from January 28, 2009 to March 12, 2009, established a management and disposal plan based on the result of receiving applications for parcelling-out from the owners of land, etc., and was approved by the head of the Seo-gu Daejeon Metropolitan City and the head of the Gu on January 12, 201, respectively, on March 19, 201, and each of the above authorization dispositions was publicly notified in the Seo-gu Seoul Metropolitan City Official Gazette.

E. The Defendant is a lessee who operates a business with the trade name “F,” in sequence 1, 2, 3, 4, and 1 of the attached Form 1 of the building attached to the Seo-gu Daejeon Special Metropolitan City, Daejeon Special Metropolitan City C, 199 square meters and the above ground steel framed roof, which is located within the instant business zone, by leasing a part of 170 square meters (hereinafter “the sum between the above site and the ground buildings”) from the owner.

F. The Plaintiff deposited KRW 5,103,00 in total with the Defendant, KRW 22,640,00 on April 29, 2020, ② KRW 13,173,00 on July 21, 2020, ③ August 18, 2020, KRW 55,103,00 on the instant real estate as the business compensation amount.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including paper numbers), Gap evidence 13 through 16, Eul evidence 3 and the purport of the whole pleadings

2. According to Article 81(1) of the Act on the Determination of the Grounds for Claims, the authorization of “management and disposition plan” is publicly notified.